SANTOSH ETC Vs. SHAMSHER AND ORS

JUDGEMENT

(1.) There is delay of 2648 days in filing the application for recalling of order dated 17.07.2009 whereby appeal preferred by claimants for enhancement of compensation was dismissed for non-prosecution.

(2.) Counsel for the applicants-appellants would contend that a serious prejudice shall be caused to the applicants in case order dated 17.07.2009 is not recalled and the appeal is not heard on merits. He has further submitted that the applicants are ready to forgo interest for the period of delay of 2648 days in case the application for recall of order dated 17.07.2009 is allowed and the appeal is restored and heard on merits resulting in enhancement of compensation.

(3.) The insurance company has not filed any response to the application, therefore, there is no counter to the averments raised in the applications. This apart, the provisions of Motor Vehicles Act, 1988 dealing with compensation are enacted with avowed object to make good the loss, the victim family has suffered. In view of the above, the applications are allowed. Delay of 2648 days in filing the application for restoration is condoned and so also the application for recalling of order dated 17.07.2009 is allowed, subject however, to the condition that the applicants-appellants shall not be entitled to interest for the period of 2648 days in case they are eventually successful in the appeal qua enhancement of compensation. The appeal () is restored to its original number and stage.